Memorandum of Un Derstanding

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Memorandum of Un Derstanding document sample

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							Best Practice: Multi‐agency MOU
Summary                           Multi‐agency MOU Coordinates  
Multiple interests join           Landscape Restoration  
                                   
together in a common 
                                  After 38 revisions and 11 signatures, the many people involved in 
plan for the Uncompah‐
                                  the Uncompahgre Plateau Project (UPP) celebrated the finalization 
gre Plateau through a 
                                  of a Memorandum of Understanding (MOU). The MOU supports a 
Memorandum of Un‐                 coordinated approach to restore and sustain the ecological, social, 
derstanding (MOU).                cultural and economic values of the Uncompahgre Plateau.   
                                    The MOU: 
Key to Success                    • establishes an organizational structure, 
Persistence                       • sets out specific objectives and goals from which annual plans 
                                      of work will be developed, and 
                                  • serves as a statement of commitment and a strategic plan for 
                                      the coming years.  
                                    Although MOUs are not binding, federal agencies use them as 
  “It takes dedicated agency      a mechanism to coordinate project development. The UPP MOU is 
                                  significant in regard to the number of partners involved and the 
 folks to keep a collaborative 
                                  scope of the work they plan to accomplish together. The 1.5 million 
  effort moving forward and 
                                  acres covered by the MOU covers includes multiple land jurisdic‐
  empowering our public to        tions, communities, agencies, governmental levels, and interests. 
    become involved in the          The MOU does not stand alone as the only instrument needed 
      management of our           to define roles. Uncompahgre Plateau Project staff say a work plan 
      National  Forests.”         with a line item budget and staffing commitments is critical to 
  ‐‐Jim Free, Technical Coor‐     holding partners accountable and getting projects done. More de‐
      dinator of the UPP          tailed programmatic plans and scope of works are required for in‐
                                  dividual programs, including the UP Native Plant Program, Col‐
                                  laborative Weed Management Plans, and restoration projects. 

                                  Benefits 
                                  •   All of the agencies and community partners are on the same 
                                      page with regard to strategic objectives for the coming years. 
                                  •   The many parties involved in the MOU enable the UPP to take 
                                      a landscape‐level approach to conservation. 
National Forest Foundation 
Bldg. 27, Ste 3 
Fort Missoula Rd.                 Links 
Missoula, MT 59804                Uncompahgre Plateau Project 
406.542.2805                      http://www.upproject.org/  
www.natlforests.org               Public  Lands Partnership 
www.WestCANHelp.org               http://www.plp4co.org/                                           6/08  
                                                            FS Agreement No.            07-MU-11020400-010
                                                            Cooperator Tax ID No.
                                                            Cooperator Agreement No.
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                 MEMORANDUM OF UNDERSTANDING
                         Between and Among
  USDA FOREST SERVICE, GRAND MESA, UNCOMPAHGRE, AND GUNNISON
                        NATIONAL FORESTS;
 USDI, COLORADO BUREAU OF LAND MANAGEMENT (BLM), UNCOMPAHGRE
                AND GRAND JUNCTION FIELD OFFICES;
              COLORADO DIVISION OF WILDLIFE (CDOW) ;
               WESTERN AREA POWER ADMINISTRATION;
   TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.; AND
                  THE PUBLIC LANDS PARTNERSHIP


This Memorandum of Understanding (MOU) is hereby made and entered into by, between, and among
the USDA Forest Service, Grand Mesa, Uncompahgre and Gunnison National Forests hereinafter referred
to as GMUG; the Colorado BLM, Uncompahgre and Grand Junction Field Offices; the Colorado Division
of Wildlife; Western Area Power Administration, an agency of the Department of Energy; Tri-State
Generation and Transmission Association, Inc., an electric cooperative; and the Public Lands Partnership
representing a broad base of public and private interests. The aforementioned will be known as the
“Parties” or “Partners” to this agreement and collectively as the Uncompahgre Plateau (UP) Project.

A. BACKGROUND

This Memorandum of Understanding (MOU) will replace following its expiration a Cooperative
Agreement/Memorandum of Understanding (CA/MOU) that became effective March 2001 and has an
expiration date of December 31, 2006. It was developed for the purpose of clarifying the intent of
partners to coordinate on the restoration and sustainability of the ecological, social, cultural and economic
values of the Uncompahgre Plateau. The Uncompahgre Plateau area, located in southwest Colorado,
comprises over 1.5 million acres of private, state and federal lands. This Uncompahgre Plateau Project
(UP Project), composed of the parties above, functions in a collaborative approach among the partners,
community and interested stakeholders with the overarching goal to improve the ecosystem health and
natural functions of the landscape through active restoration projects backed by best science, community
input and adaptive management. The CA/MOU authorized that an Executive Committee and a Technical
Committee be established with representation from each of the original four partners to the CA/MOU.

It is the desire of the partners to continue the UP Project for another 5 years, and a new Memorandum of
Understanding (MOU) is being created rather than extending and modifying the original CA/MOU.

B. PURPOSE

The purpose of this MOU is to document a desire on the part of the signatories to cooperate on programs
and projects of mutual interest that generally fall under the umbrella of ecosystem protection and
enhancement. This document will outline general objectives and identify several programs that are
supported by the parties to this agreement. It also will serve as a framework to add other programs that
may be of interest to the parties during the term of this MOU. It is understood by all that this MOU does
not bind any party to a financial or other resource commitment, but rather is the framework from which
specific participating and cooperative agreements can be developed as deemed appropriate in any



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combination of the partners. It is also understood by the parties, that decisions made on projects on
federal lands are made by the individual agencies following their existing policies and procedures.

This MOU may serve to leverage resources and demonstrate an ongoing collaboration among the parties,
which may strengthen the individual program areas, bring a greater public awareness of the need for the
programs the UP Project administers, and provide additional opportunities for increased funding.

C. UP PROJECT

The UP Project area is generally defined as a 1.5 million acre Western Colorado landscape that lies
between the Uncompahgre and Gunnison Rivers on the east; US Highway 141 from the Gunnison River
to the San Miguel River on the North, the San Miguel River on the West; and, US Highway 62 between
the San Miguel and Uncompahgre Rivers on the South. However, programs and projects may include
areas outside this described area when they are consistent with the programs, goals and objectives of this
MOU.

D. ORGANIZATION

1.      Executive Committee: This MOU reestablishes the signatures, below, as the UP Executive
Committee, which shall be comprised of managers from the Colorado Division of Wildlife; the Forest
Service (the Grand Mesa, Uncompahgre and Gunnison National Forests [GMUG]); the Montrose and
Grand Junction Field Offices of the Colorado BLM; Western Area Power Administration, an agency of
the Department of Energy; Tri-State Generation and Transmission Association, Inc., an electric
cooperative; and the Public Lands Partnership representing a broad base of public and private interests.

Agency representatives appointed to the Executive Committee will communicate with their supervisors or
boards as may be required to ensure they are informed of the activities of the UP Project, to receive
direction on new programs, and to approve funding or resource assistance. A chairperson may be selected
by the members of the Executive Committee to set and conduct meetings and be the primary point of
contact between the Technical Committee and the Executive Committee.

The Executive Committee will meet at least one time per year before March 31 to review the prior year
activities, review program objectives established by the Technical Committee for the new calendar year.
Other meetings may be held as required to evaluate new program opportunities, review and reset goals
and objectives, and give direction on other matters the Technical Committee may require. The Executive
Committee will focus at the broader program level and authorize the Technical Committee to administer
projects within the annual program of work for each program area.


2.       Technical Committee: The Technical Committee will include up to three representatives from
each of the Executive Committee parties to this MOU. A chairperson (s) will be selected by the members
of the Technical Committee to set and conduct meetings and be the primary point of contact between the
Technical Committee and the Executive Committee. The Technical Committee will meet on a monthly
basis to review program and project progress, review and recommend new programs to the Executive
Committee, develop and administer an annual plan of work, seek and allocate funding to programs and
projects, and make periodic reports to the Executive Committee. The Committee will be responsible for
maintaining a qualified staff that is responsible for carrying out the work plans for each program.




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3.      Staff Support: The Technical Committee is authorized to fill and oversee various staff support
positions that are approved by the Executive Committee. The resources provided by these positions will
be determined based on the specific needs of the Technical Committee to carry out the annual plan of
work.

E. OBJECTIVES AND GOALS

   1. The Technical Committee will develop annual plans of work, set specific objectives and goals for
      those plans, and compile, review and report the results of the plans of work, on an annual basis.

   2. The follow ing program areas and objectives will be the primary focus of the UP Project during
      the term of this MOU:
           Administrative
           • Implement the UP Project Plan (August 2003 and as amended), included established
              goals and anticipated products as described in the Pla n.
           • Prepare annual work plans that address each of the primary program areas and document
              and report the results of those plans. Modify existing and develop new plans as may be
              required to improve efficiencies, provide for higher rates of achievement and success.
           • Develop and monitor program budgets to ensure adequate funding is available to allow
              for completion of work plans. Seek additional funds to supplement annual appropriations
              when required to meet program needs.
           • Utilize, when necessary, a fiscal agent to administer Project funds and provide
              contracting and other services.

           Landscape Restoration
           • Coordinate landscape planning within the boundaries of the UP Project as described
              above. This planning will allow for a coordinated effort to leverage funding and complete
              restoration projects in a consistent approach within individual watersheds and will
              address the primary concerns in each watershed.
           • Restore landscape and vegetation as a whole so that managed and natural processes are
              sustainable for the benefit of people and the ecosystem.
           • Facilitate and leverage funding for restoration projects.
           • Through its Invasive Species Program, develop Coordinated Weed Management Areas
              Plans for priority landscapes to manage invasive species through integrated weed
              management techniques.
           • Improve habitat quality for featured wildlife species.
           • Coordinate various projects that address Wildland/Urban Interface issues including
              projects that improve public and firefighter safety and the safety of utility infrastructure.
           • Through its Native Plant Program, continue to develop and administer the Uncompahgre
              Plateau Native Plant Program with the objective of developing adequate volumes of seed
              stock native to the Uncompahgre Plateau and areas with similar ecosystem characteristics
              for use on UP Project restoration and mitigation projects.


           Scientific Research and Monitoring
           • Conduct or support various science-based projects to enhance the knowledge of key areas
               important to maintaining viable ecosystems.




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            Education and Training
            • Maintain an outreach program that includes: technology transfer; public information
               programs and demonstration projects; an archive with the results of various science
               studies; and promotion of Project achievements.

            Community and Economy
            • Promote stewardship service programs for sustaining community-based natural resource
               businesses.
            • Strive to ensure that programs improve the local economy, have social and cultural value,
               and result in overall ecosystem improvements as determined by a long-range monitoring
               program.
            • Explore opportunities to cooperate and expand the UP Project collaborative concept with
               those counties who are members of the HLP (Healthy Landscapes Partnership) in the
               Grand Mesa, Uncompahgre and Gunnison Forests (GMUG) and adjacent BLM and
               private lands where common interests and opportunities for cooperation may exist.


NOW, THEREFORE, the Parties to this MOU have identified common interests, and have
independently and collectively determined that it will be of mutual benefit to work collaboratively to
accomplish the above stated programs and other programs that may come forward during the term of this
Agreement. This MOU will serve as an overarching statement of cooperation from which other formal
cooperative agreements and contracts may be developed among and between the Parties. Those
agreements will reflect the objectives of this Agreement. If the UP Project decides to enter into other
agreements, each party to this MOU will have the option of being excluded when the agreement(s)
conflict with its own internal policies and operating standards.

F.    IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES
      THAT:

1. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the individual
   agencies under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552).

2. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the agencies or
   the Cooperator(s) from participating in similar activities with other public or private agencies,
   organizations, and individuals.

3. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU is effective January 1, 2007 and
   continue for a period of five years unless it is terminated by a majority of the member Parties. This
   MOU may be amended upon written request of either the agencies or Partners and the subsequent
   written concurrence of the other(s). Either the agencies or Partners may withdraw from this MOU
   with a 60-day written notice to the other(s).

4. RESPONSIBILITIES OF PARTIES. The agencies and Partners and their respective agencies and
   office will handle their own activities and utilize their own resources, including the expenditure of
   their own funds, in pursuing these objectives. Each party will carry out its separate activities in a
   coordinated and mutually beneficial manner.




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                                                            Cooperator Tax ID No.
                                                            Cooperator Agreement No.
                                                                                                      2/16/07

5. PRINCIPAL CONTACTS. The principal contacts for this instrument are:

        Forest Service Project Contact                   Bureau of Land Management
                                                         Uncompahgre Field Office Project Contact
        John Moore                                       Dave Kauffman
         Planning Group Leader                            Associate Field Office Manager
        GMUG Forest Supervisor’s Office                  Montrose BLM Field Office
        2250 Hwy 50                                      2205 South Townsend Ave
        Delta, CO 81416                                  Montrose, CO 81401
        Phone: 970-874-6696                              Phone: 970-240-5340
        FAX: 970-874-6698                                FAX: 970-240-5368
        E-Mail: jmoore06@fs.fed.us                       E-Mail: dave_kauffman@co.blm.gov


        Colorado Division of Wildlife Project            Western Area Power Administration Project
        Contact                                          Contact
        Jim Garner                                       Ron Turley
         Area 18 Wildlife Conservation Biologist           Field Maintenance Manager
        Colorado Division of Wildlife                    Western Area Power Administration
        2300 South Townsend Ave.                         1800 S. Rio Grand Ave.
        Montrose, CO 81401                               Montrose, CO 81401
        Phone: 970-252-6016                              Phone: 970-240-6232
        FAX: 970-252-6053                                FAX: 970-240-6254
        E-Mail: jim.garner@state.co.us                   E-Mail: turley@wapa.gov



        Tri-State Generation and Transmission            Public Lands Partnership Project Contact
        Association, Inc. Project Contact
        Mac Fellin                                       Alan Staehle
         Line Superintendent                             PO Box 714
        Tri-State G&T                                    Ouray, CO 81427
        2200 S. Rio Grande Ave                           Phone: 970-325-4823
        Montrose, CO 81401                               FAX: 970-325-4823
        Phone: 970-249-4701 ext. 1693                    E-Mail: awsouray@aol.com
        FAX: 970-249-2947
        E-Mail: macfel@tristategt.org


        Forest Service Administrative Contact            Cooperator Administrative Contact
        Merna Fehlmann                                   Jim Free
        Grants &Agreements Specialist                    UP Technical Director
        2250 Hwy 50                                      Uncompahgre Plateau Project
        Delta, CO 81416                                  PO Box 2014
        Phone: 970-874-6606                              Montrose, CO 81402
        FAX: 970-874-6698                                Phone: 970-240-4055
        E-Mail: mfehmann@fs.fed.us                       FAX: 970-240-4055
                                                         E-Mail: jcfree2@msn.com


6. NON-FUND OBLIGATING DOCUMENT. Nothing in this MOU shall obligate the agencies or
   Partners to obligate or transfer any funds. Specific work projects or activities that involve the transfer
   of funds, services, or property among the various agencies and Partners will require execution of
   separate agreements and be contingent upon the availability of appropriated funds. Such activities


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    must be independently authorized by appropriate statutory authority. This MOU does not provide
    such authority. Negotiation, execution, and administration of each such agreement must comply with
    all applicable statutes and regulations.

7. ESTABLISHMENT OF RESPONSIBILITY. This MOU is not intended to, and does not create, any
   right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a
   party against the United States, its agencies, its officers, or any person.

8. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that the
   individuals listed in this document as representatives of the cooperator are authorized to act in their
    respective areas for matters related to this agreement.

THE PARTIES HERETO have executed this instrument.


  BUREAU OF LAND MANAGEMENT

  _________________________________________             ____________
  Grand Junction Field Manager                           Date

  _________________________________________             ____________
  Uncompahgre Field Manager                              Date


  COLORADO DEPARTMENT OF NATURAL RESOURCES – Division of Wildlife


  _________________________________________ _____________
  Southwest Regional Manager                  Date



  USDA FOREST SERVICE – Grand Mesa, Uncompahgre & Gunnison National Forest

  _________________________________________              ____________
  GMUG Forest Supervisor                                 Date

  _________________________________________              ____________
  Norwood District Ranger                                Date

  _________________________________________              _____________
  Ouray District Ranger                                  Date

  _________________________________________              _____________
  Grand Valley District Ranger                           Date




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                                                  Cooperator Tax ID No.
                                                  Cooperator Agreement No.
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DEPARTMENT OF ENERGY – WESTERN AREA POWER ADMINISTRATION

_________________________________________        ____________
Field Maintenance Manager,                       Date
Western Colorado Maintenance Office                                                     Date



TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.

__________________________________________ ___________
Transmission Maintenance Manager                  Date
West Region, Tri-State Generation and Transmission Association, Inc.



PUBLIC LANDS PARTNERSHIP.

__________________________________________        ____________
Co-Chair                                          Date

__________________________________________         ____________
Co-Chair                                           Date




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